Since 2002, there have been two major developments in benefits for veterans that are related to hearing loss. In 2002, the Senate passed the Veterans Hearing Loss Compensation Act of 2002, and in 2008, the 3M Company lost a 3M Earplug Lawsuit for manufacturing defective earplugs for the military and knowingly selling them to be used by servicemen and women. The 3M Earplug Lawsuit made 9.8 million dollars available to active military, and veterans, who may have suffered hearing loss between 2003 and 2015.
If you have a hearing loss disability by being deaf in one ear or both, having tinnitus or ringing in the ears, or having hearing problems in only one ear, then you should look into making a claim for benefits under one of these programs. The application process seems simple. However, some of the tests that have to be taken along with the interpretation of the results need careful scrutiny, and this is where it might be helpful to have a qualified personal injury attorney representing you.
Veterans Hearing Loss Compensation Act of 2002
Previous to the passage of the Act of 2002, a veteran had to be found to be totally deaf to receive any compensation for hearing loss. With the new Act, Congress stipulated that veterans could now receive benefits if there was loss of hearing to any degree, and also made the assumption that hearing loss could manifest itself over time if there was damage to the soldier’s ear while on active duty.
In order to apply for benefits, the veteran has to fill out a form with the VA and undergo two tests to determine the amount of hearing loss. The first test is the Maryland CNC test for speech recognition, and the second test is the puretone audiometric test, which measures the loss of hearing. Both tests have to be performed by a licensed audiologist.
Another requirement for the application is that you have to prove that the hearing loss first occurred during active military duty, and you also have to describe the event when this happened.
In order to be sure that the tests are completed correctly and the documentation is sufficient to prove the connection between the event and the loss of hearing, you may need the services of a personal injury attorney who has had experience researching these cases.
The interpretation of the test results can be complicated, and you may want a second pair of eyes and ears to analyze this and give an opinion.
3M Earplug Lawsuit
The US Government was aware of the risk to soldiers’ hearing due to the loud noises of gunfire, airplane engines, artillery, and other aspects of military service where combat soldiers participated. All of the soldiers deployed to Iraq and Afghanistan were issued 3M Earplugs that were designed to reduce the effects that loud noises had on hearing.
If you were on active duty during this time and have a hearing loss, it is in your best interest to contact a personal injury attorney to file a claim regarding the lawsuit on 3M Earplugs. You will still have to have the two tests as required by VA, and you will also have to prove that the hearing loss is connected to an event during active duty.
Final Thoughts
The application process for VA benefits for hearing loss is not hard to begin. However, due the complicated tests and test interpretations for hearing loss, it is judicious move to contact a personal injury attorney for experienced help. This is especially important if you might be filing a claim in regards to the 3m Earplug Lawsuit.
